Human Gene Patents

[Tomk]

This is apparently an old issue but I was struck by this specific case. Myriad Genetics has a patent on the human BRCA gene and all of it's forms. This gene is linked to breast cancer and possibly other types of cancer, but since they have the patent, no research can be done by anyone other than Myriad without their blessing. (of money of course)

The ACLU has filed a lawsuit to stop this so I'm linking to their site because they have provided a lot of info on the subject.

American Civil Liberties Union : ACLU Challenges Patents On Breast Cancer Genes

The U.S. Patent and Trademark Office (PTO) has granted thousands of patents on human genes – in fact, about 20 percent of our genes are patented. A gene patent holder has the right to prevent anyone from studying, testing or even looking at a gene. As a result, scientific research and genetic testing has been delayed, limited or even shut down due to concerns about gene patents.

As a result of the PTO granting patents on the BRCA genes to Myriad Genetics, Myriad's lab is the only place in the country where diagnostic testing can be performed. Because only Myriad can test for the BRCA gene mutations, others are prevented from testing these genes or developing alternative tests. Myriad's monopoly on the BRCA genes makes it impossible for women to access other tests or get a second opinion about their results, and allows Myriad to charge a high rate for their tests – over $3,000, which is too expensive for some women to afford.

The ACLU's take on the subject.

"Knowledge about our own bodies and the ability to make decisions about our health care are some of our most personal and fundamental rights," said Anthony D. Romero, Executive Director of the ACLU. "The government should not be granting private entities control over something as personal and basic to who we are as our genes. Moreover, granting patents that limit scientific research, learning and the free flow of information violates the First Amendment."

The patents granted to Myriad give the company the exclusive right to perform diagnostic tests on the BRCA1 and BRCA2 genes and to prevent any researcher from even looking at the genes without first getting permission from Myriad. According to the lawsuit, such monopolistic control over these genes hampers clinical diagnosis and serves as a disincentive for research because Myriad not only has the right to enforce its patents against other entities but also has the rights to future mutations discovered on the BRCA2 gene. The gene patents are also illegal under patent law because genes are "products of nature."

"The patents on the BRCA genes block women's access to medical information necessary for making vital health care decisions, impeding their control over their own bodies," said Sandra Park, staff attorney with the ACLU Women's Rights Project.

"Scientific research and testing have been delayed, limited or even shut down as a result of gene patents, stifling the development of new diagnostics and treatments," said Tania Simoncelli, ACLU science advisor. "The government should be encouraging scientific innovation, not hindering it."

Here is the Myriad's response: In Gene Patent Case, Company Vows to Fight - The Lede Blog - NYTimes.com

Myriad understands that a lawsuit has been filed that challenges the legality and constitutionality of granting gene patents. However, Myriad has not yet been served in this matter. We intend to vigorously defend our intellectual property rights, if served in the lawsuit.

It is our understanding that the core issue in the complaint revolves around the patenting of genes. Since a landmark U.S. Supreme Court decision in 1980 relating to gene patenting, the U.S. Patent and Trademark Office has granted tens of thousands of genetic and genetic-related patents, which cover a large number of life-saving pharmaceutical and diagnostic products. Myriad’s patent portfolio includes both “genetic” patents and patents on surrounding technologies required for testing.

We have rights to 23 granted U.S. patents which cover a number of important aspects related to the detection of mutations in the BRCA1 and BRCA2 genes. These patents cover not only isolated gene sequences, but also methods of isolating, analyzing and detecting mutations. Myriad strongly believes its patents are valid and enforceable, and will be upheld by the courts.

It sounds like a big FU to me.

Here is a link to the pdf of the siut for reference: http://www.aclu.org/images/asset_upl...e939_39568.pdf

[zoobernut]

There was a book that I read fairly recently that dealt almost completely with this subject. It was a fictional book but it was really interesting nonetheless because it showed how medicine could potentially be leaps and bounds above where it is if companies could not patent human genes and such.

I believe it was the Michael Crichton book "Next".

[Cyn]

Yeah I read that book too, it's pretty messed up lol.

[Blubbartron]

The vastness of technology advancement that we're missing out on as a direct result of patents in general is immense. Happens to be one of the primary reasons I hate capitalism. Who gives a shit about making advances in helping humans when we can make LOADS AND LOADS OF CASH. Fuck yeah.

[Maguspk]

Yeah this won't ever hold up in court, it's not even something to worry about long term, really.

[aalryn]

I agree with holding patents on drugs, treatments, etc. I dont see how it's even possible to hold a patent on a gene. You didn't make anything, it's already there... how can you patent something you didn't invent/create.


Now that this is being brought to the limelight I can foresee the supreme court stepping in at some point to invalidate all of these patents.

[zoobernut]

I agree with holding patents on drugs, treatments, etc. I dont see how it's even possible to hold a patent on a gene. You didn't make anything, it's already there... how can you patent something you didn't invent/create.


Now that this is being brought to the limelight I can foresee the supreme court stepping in at some point to invalidate all of these patents.

They do not patent the gene. They patent the discovery of the gene that no one knew existed, which takes a lot of work and effort and millions of dollars in a lab. The patent covers using the gene to advance the research into medicine that effects the gene.

Not sure if that made sense.

[Not Kuno]

They do not patent the gene. They patent the discovery of the gene that no one knew existed, which takes a lot of work and effort and millions of dollars in a lab. The patent covers using the gene to advance the research into medicine that effects the gene.

Not sure if that made sense.

I found out the sun is the center of the solar system. The sun is mine now, bitches.

[zoobernut]

I found out the sun is the center of the solar system. The sun is mine now, bitches.

The sun is not yours but any technology that ONLY works because the sun is in the center of the solar system is yours. Congratulations you own sundials.

[Seraph]

*Evil Cackle*

Soon, my space virus will eliminate all traces of the Myriad Genetics patented genes from the human population, and replace them with my very own custom made, and pre-patented genes! Victory will be mine!

*Thunderclap*

[Cyn]

Yeah this won't ever hold up in court, it's not even something to worry about long term, really.

As far as I know it's been holding up just fine for years in nearly identical situations.

[Tomk]

The sun is not yours but any technology that ONLY works because the sun is in the center of the solar system is yours. Congratulations you own sundials.

and photosynthesis, nuclear fission, solar collector cell technology, anyone that has a heat pump in their house, etc.

[Seraph]

and photosynthesis, nuclear fission, solar collector cell technology, anyone that has a heat pump in their house, etc.

Vitamin D production. You all owe me royalties every time you go outside.

[Plow]

Classic catch-22, how do you get the best in the world to work on the most important shit if it's forcibly made unprofitable?

[Tomk]

The legal foundation for these patents seems to be Supreme court case Diamond v. Chakrabarty.

DIAMOND V. CHAKRABARTY, 447 U. S. 303 (1980) -- US Supreme Court Cases from Justia & Oyez

I find it interesting that this case was upheld based on the fact that Chakrabarty's bacteria was manufactured. It is stated many times in this case that the bacteria was not found naturally but was "invented" by Chakrabarty. Therefor it was able to be patented. How invention turned into identification I don't know. The ACLU might have a case based on the fact that Myriad did not invent the gene.

[Jotaru]

How do you invent bacteria? Wouldn't that be creating life?

[zoobernut]

inb4 this turns into a debate about god.

[pohibaba]

The vastness of technology advancement that we're missing out on as a direct result of patents in general is immense. Happens to be one of the primary reasons I hate capitalism. Who gives a shit about making advances in helping humans when we can make LOADS AND LOADS OF CASH. Fuck yeah.

Yeah because the best doctors in the world should be spending all of their time and energy on something out of the kindness of their hearts. And blaming capitalism for this is like blaming the sport of baseball itself on steroid use.

[Blubbartron]

Yeah because the best doctors in the world should be spending all of their time and energy on something out of the kindness of their hearts. And blaming capitalism for this is like blaming the sport of baseball itself on steroid use.

Certainly you jest if you believe that the scientific researchers are going to be the ones making the money off patents like these. It's a corporation, and the researchers are just slightly above the lowest tier. Also, I don't suggest that anyone not be compensated for their talents. My issue is with the fact that capitalism rewards greed.

Seriously, just consider where we might be if the government took things like gene therapy and stem cell research and threw gobs of money at it like they did for the space race. Sure, the government would then control it, but chances are it'd be a hell of a lot better than some retarded CEO whose only concern is what the differential on his stake in the company will be.

[pohibaba]

Seriously, just consider where we might be if the government took things like gene therapy and stem cell research and threw gobs of money at it like they did for the space race. Sure, the government would then control it, but chances are it'd be a hell of a lot better than some retarded CEO whose only concern is what the differential on his stake in the company will be.

Yeah because government run monopolies are always run efficiently, right? Hell, if capitalism is so bad, how about we just have the government run all of our businesses? There can't be anything bad about a planned economy, can there?